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How privacy-enhancing technologies are transforming privacy by design and default: Perspectives for today and tomorrow

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This paper explains how privacy-enhancing technologies (PETs) fit into the overall European Union privacy legal framework, providing numerous examples of different types of PETs and their applicability. Given the close interaction between technology and legal aspects, this paper seeks to provide a broad legal and technological perspective for understanding how businesses can leverage PETs. The paper begins with a refresher of the legal framework of privacy by design and by default, with special attention provided to the sanctioning regime. The authors then provide a review of how PETs fit into privacy by design and by default, with a sampling of the more interesting tools that allow organisations to address issues, such as data subject consent and control over personal data, not to mention transparency and data minimisation. The paper concludes with a word of prudence, noting some of the pitfalls to avoid.
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Keywords: GDPR; General Data Protection Regulation; PET; data protection; privacy by default; privacy by design; privacy-enhancing technology

Document Type: Research Article

Affiliations: 1: Lawyer of the Paris Bar, Srouji Avocats 2: Graduate Law Student at Paris II, Panthéon — Assas

Publication date: June 1, 2020

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  • Journal of Data Protection & Privacy publishes in-depth, peer-reviewed articles, case studies and applied research on all aspects of data protection, information security and privacy issues across the European Union and other jurisdictions, in the wake of the new EU General Data Protection Regulation (GDPR) and the biggest change in data protection and privacy for two decades.
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